Abdul Azeez vs State of Kerala

B.P. Ray, J.—This Criminal Revision Petition is directed against the judgments of the Court of Session, Palakkad in Crl.A.153/2001, and in C.C.No. 137/97 of the Judicial First Class Magistrate-II, Palakkad. The accused persons 16 in number, were charged for offences punishable under Sections 27(1)(e)(iv) of the Kerala Forest Act and u/s 9 read with Section 51 of the Wild Life Protection Act. The allegation against the accused persons is that on 16-10-1994, the accused persons trespassed into the Government forest in Olavakkode Range and engaged themselves in hunting by using guns and killed three wild pigs.

PWs 1 to 4 were examined, Exhibits P1 to P6 and MOs 1 and 2 were marked.

Accused No. 2 did not appear for trial. The trial court found accused Nos. 1 and 3 to 15 guilty for the offences punishable under the Wild Life Protection Act. All the accused were acquitted of the offences punishable u/s 27 of the Kerala Forest Act. Accused No. 16 in the case was not found guilty and acquitted by the trial court of all charges. Accordingly, the trial court convicted A1 and A3 to 15 and sentenced them to undergo simple imprisonment for two years each and to pay a fine of Rs. 1,000/- each with a default sentence of simple imprisonment for six months in the event of non payment of fine.

In appeal, accused No. 1 is also acquitted. The conviction and sentence were confirmed by the Sessions Court in appeal. Being aggrieved by this, the revision petitioners/accused Nos. 3 to 15 preferred this Criminal Revision Petition.

Heard learned counsel for the parties and perused the materials available on record.

The incident happened in the year 1994. Now, more than 20 years have elapsed after the incident. Both the courts below have already found that there is no trespass into the reserve forest. Section 9 of the Wild Life Protection Act deals with the prohibition for hunting and Section 51 with the penal provision, which says that it is punishable for three years or fine or with both.

The version given by the revision petitioners is that the wild pigs usually come and destroy the crops. When it was regular, the local police decided to kill the wild animal so as to protect their crops. All the revision petitioners are poor coolie workers belonging to a remote village. Since the offence is punishable with fine, and sentence of imprisonment is not mandatory, the sentence could be converted into fine.

Considering the entire facts and circumstances of the case, I set aside the substantive sentence and impose fine of Rs. 1,000/- each and in default to undergo simple imprisonment for one month. The fine imposed shall be paid by the end of February,2014.

Crl.R.P. is disposed of as above.